News
Tuesday, October 12, 2010
Court disallows govt to change counsel
SC refuses more time to govt in NRO review case
* CJP says govt requesting adjournment of case without presenting any name for replacement of counsel
* Kamal Azfar’s appointment as PM’s adviser should be de-notified
By Masood Rehman
ISLAMABAD: A three-member Supreme Court bench on Monday dismissed the government’s plea seeking replacement of its counsel and grant of more time to plead the National Reconciliation Ordinance (NRO) review petition, already fixed for hearing on October 13.
The bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday, was hearing the federation’s application filed on Saturday seeking postponement of its review petition against the NRO verdict until the time it found a replacement for its counsel, Barrister Kamal Azfar, who had been elevated to the position of adviser to the prime minister.
The court dismissed the application after the government failed to present any solid justification for postponement of the review petition, scheduled to be heard on October 13.
Adjournment: During the hearing, the CJP said the petition had been dismissed as the government did not come up with any name for replacement of its counsel and was simply praying for adjournment of the case on the grounds that Azfar had been appointed as adviser to the prime minister.
The CJP remarked that the court had been made fun of by saying that Azfar was on leave from September 22 to October 10, thus the case be adjourned. He asked the Advocate-on-Record Raja Abdul Ghafoor why Azfar had been appointed as the PM’s adviser in haste and his notification was issued on Sunday, which was a holiday.
De-notification: “If the government is serious, it should de-notify the appointment of Kamal Azfar,” the CJP observed. He remarked that it was not decent to humiliate the superior court this way, adding that the government seemed to be joking with the court.
“First the government related the NRO implementation case with the review petition and now it is not letting the court hear the review plea,” the CJP lamented. “Hearing of all important cases, including the NRO implementation, its review plea and others will be resumed on October 13,” he clarified.
“The government is adopting such delaying tactics to prolong the case,” Justice Ramday observed, asking how the government issued the notification regarding Azfar on Sunday. “If the notification could be issued on a holiday by using government machinery, then the de-notification could also be issued on a working day,” the CJP observed. Appearing on notice, Attorney General Maulvi Anwarul Haq presented before the court a copy of the notification of Azfar’s promotion. The CJP asked the AG to justify the notification of Azfar as the PM’s adviser. The AG, however, could not give a satisfactory reply.
Courtesy www.dailytimes.com.pk